2/25/16
By: Amanda K. Hall
On January 25, 2016, researchers at Harvard University and The University of Illinois Urbana-Champaign detailed their creation of “4D-Printed” structures –made by mimicking the way orchids and other plants move and twist – that could ultimately …
Can You Hear (or See) Me Now? No, and that May Constitute Spoliation
2/24/16
By: Andy Treese
The Georgia Court of Appeals recently held that a municipality may be subject to sanctions for failure to preserve audio recordings of a police pursuit when the recordings were destroyed in the ordinary course of business before …
Wendy’s Hit with EMV Related Data Breach Class Action Lawsuit
2/19/16
By: Behnam Salehi and Jonathan Romvary
A class action lawsuit has been filed against the fast food chain Wendy’s claiming it failed to adequately safeguard customer payment and other personally identifiable information (“PII”). The lawsuit also alleges that Wendy’s failed …
It is All a Matter of Perspective in “Takings” Jurisprudence
2/18/16
By: Coleen Hosack
Imagine having title for decades to prime undeveloped lake-front property that is buildable in all respects, but the land use ordinance forbids building on it and “Takings” law says the government does not have to compensate you …
The EEOC Expands Efforts to Tackle HIV Discrimination
2/16/16
One area in which we expect to see an increase in discrimination charges in 2016 is employees with HIV/AIDS. On December 1, 2015, the EEOC announced that it resolved almost 200 charges of discrimination based on …
2/16/16
By: Dana Maine and Kevin Stone
The Georgia Court of Appeals issued an opinion last week in Jim Tidwell Ford v. Bashuk, A15A2030 applying the rule that settlement of an underlying suit may sever causation in a subsequent legal …
New Decisions Applying the Amended Federal Rules of Civil Procedure
2/11/16
By: Ryan Babcock
On December 1, 2015, the Federal Rules of Civil Procedure were amended, and the federal district courts across the country are starting to apply them to pending cases. In a nutshell, those amendments were in large part …
Issuing a Reservation of Rights? You May Lose Control Over Settlement
2/5/16
By: Jonathan Romvary
By reserving the right to deny coverage, insurers may be relinquishing the power to force the policyholder to forego reasonable settlement opportunities for covered claims that do not align with the goals of the insurer. In Babcock …
2/4/16
By: Wes Jackson
Does the First Amendment protect citizens’ speech and association, or does it prohibit the government’s retaliation to such conduct? At first glance, these goals would appear to be two sides of the same coin—citizens’ free speech is …
The Service Advisor Quandary – It's Now the Supreme Court's Turn
2/2/16
By: Brad Adler and Tim Holdsworth
For over forty years, courts have almost universally found that auto dealership service advisors were exempt from the FLSA’s overtime requirements under the salesman exemption contained in Section 13(b)(10)(A) of the statute. In contrast, …
California's New Fair Pay Act Drastically Expands Employers' Potential Liability
2/1/16
By: Julie Marquis and Allison Shrallow
As California’s new Fair Pay Act (SB 358) took effect January 1, 2016, California employers should expect to see a significant increase in pay discrimination claims. Under the Act, an employee paid less than …
IRS Says Identity Theft Protection is No Longer Taxable
1/22/16
By: David Cole
The Internal Revenue Service (IRS) recently announced that it will treat identity theft protection as a non-taxable, non-reportable benefit, even when offered proactively before any data breach, and regardless of whether it is offered by an employer …
